My wife's mom died with no cash, many debts and a house. Her brother, who was named as executor, dragged his feet for over 4 years in opening an estate. He's basically a sleeze, really, and had all sorts of schemes to cheat creditors and the Feder...
The cost of the lawyer needs to be weighed against the value of the estate and what your wife is entitled to. Let's assume mom died with, as you say, no cash, many debts and a house. If the house is worth $1million and she had $200,000 of debts. Then there is $800,000 of equity. If your wife is entitled to 1/4, 1/3, 1/2 or more, then $300 per hour isn't a problem as long as the attorney can get your wife what she deserves. Don't step over dollars to pick up pennies.See question
my friends dad passed away and the executor hired his wife as bookeeper of the estate he has been moving money and they are not getting any records of what he is doing
Hiring the wife isn't the legal issue or problem. The problem is whether the executor and the wife are properly or improperly managing the estate assets.See question
I am a beneficiary of a discretionary trust with the situs in Texas. The trustee is also a beneficiary. I am located out of state. Under Texas Law, can he exercise his discretion to give everything to himself? If I think this might happen are ther...
No one can accurately ask these questions until you show them a copy of the Trust. There is a 90% change (approx) that the provisions in the Trust document will answer your questions.See question
My husband, an attorney in IL , prepared his mothers trust. He passed away 4 years ago and his mother passed away in Dec 2013. I sent a certified letter to my brother in law (the trustee) requesting a copy of the trust. Must he provide a copy w...
This is a common scenario -- that beneficiaries feel like they are being "shut out". Here are the best things you can do in order of cost. Contact the trustee again and politely request a copy of the trust. If that doesn't work, pay a small amount of money to a trust attorney to write a letter to the trustee and request a copy of the trust. If that doesn't work, ask the attorney about filing a legal claim against the trustee to get a copy of the trust. Good luck.See question
For a contingent beneficiary of a irrevocable trust , what if any, statute of limitations apply to contest or question trust
This isn't going to help you much. The answer varies from state to state. If you're inquiring about California, hopefully a CA attorney will respond to your question.See question
What do I need to do? I am on SSI. Will I still qualify for medicaid? Thank you for any advice you can give me.
The $1900 per month income will affect any "need based" financial assistance you are receiving. Consult with the estate's Executor or the estate's Legal Counsel and see if (A) the Executor has the discretion to distribute now or later, (B) the Executor has the power to treat the $1,900 as a Special Needs distribution, or (C) whether your father's estate can be modified to convert your inheritance into "Special Needs" distributions. For example, every trust that I create for a client gives the Trustee the power to treat distributions to children as "Special Needs" distributions and, as such, the distributions do not interfere with need-based government financial assistance.See question
Deceased uncle's home is in a trust. It is in escrow now. Title Company requests a copy of entire trust document. I have privacy concerns.
Attorney Dawn Stark knows what she's talking about. Read her answer.See question
My oldest brother and I were named executors of the estate and he is now deceased, leaving me as the only executor. There are five living heirs and one of them does not want to sell. Can I sell the property as long as the money is divided equall...
There are too many legal issues flying around n these facts to enable an intelligent response. Much of a good answer depends on the laws of the State where administration of the estate occurs. Was there a Will: When you speak of heirs, that implies there was no Will. You and your brother may have been "named" as executors of the estate, but were you court appointed. You will likely not be able to sell real property until the Will is probated or the heirs are court determined. Spend a few bucks and talk to a good probate lawyer where you live and you'll avoid a multitude of problems.See question
My father and mother have a joint trust. My mom just passed and my father wants to included all the children as administrators to the trust, so as not to hurt any feelings. Currently there is one son not on and my father wants to add him. Isn't t...
Yes, he can do it himself. It will help if he knows what he is doing, but he CAN do it himself. A few cautions. The Trust may not permit such amendments. Read it very carefully. If it permits such amendments, then consider the pros and cons of having multiple administrators (aka trustees). Not hurting feelings is not the only consideration. Ever heard of "too many cooks in the kitchen?" That can be a big problem for Trusts that have multiple administrators/trustees. Those are things I'd discuss with your father if I were his attorney. Good luck.See question